The website, www. gharbari.com.np ("Site") is an electronic web based platform for exchanging, exploring and enhancing business online for real estate, housing and property in Nepal. It is owned and managed by Gharbari Inc. ("Company") with its registered office at Kathmandu Nepal.
Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms"). It is mandatory for all Users of the Site to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the Site ("Services"). The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Nepal's Law. Gharbari Inc. may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.
DEFINITION CLAUSE:-
User: For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with gharbari.com.np as a registered User or whether said User is a paying User for a specific service provided by gharbari.com.np. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
Un-Authorized User: - Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized User' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
Free Services: Any person/entity that joins the portal www.gharbari.com.np just with the intention to enlist his listing and showcasing his business online without availing any specialized services thereto.
Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.
The term shall mean and include the Real Estate Act of Nepal as amended read with any rules or regulations that might be framed thereunder. By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older; and (d) The use of the Site does not violate any applicable law or regulation. (e) User's profile may be deleted and his Membership may be terminated without warning, if we believe that user is in breach of any of the above terms. (f) In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.
That the Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If any User/individual; /entity become aware of any inappropriate content by any User of this site, or otherwise please contact us by clicking on the "Feedback" link at the footer of every page.
The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site have posted ONLY products and services on which they have complete authorization / ownership / dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates / endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.
That the Site shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification.
That the Site shall have a sole discretion regarding deletion of his User's classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT OF NEPAL and hence no discussion/argument shall be entertained in any case and in any circumstance.
This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to gharbari.com.np and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
Gharbari.com.np may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Gharbari.com.np of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Gharbari.com.np.
Membership is activated within 1 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however the Web pages are created as per the information/approval provided by the User and may take some time however no relaxation will be provided/allowed for the said period..
Users be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and Gharbari.com.np or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The Users are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.
Membership charges are subject to revision and are at the discretion of the Gharbari.com.np.
The Gharbari Inc reserves their right to block or delete the webpage at any time without assigning any reason etc. and the User's will have no claim or right whatsoever against Gharbari Inc under any circumstances.
Users agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of Gharbari.com.np, Gharbari Inc.
USER'S OBLIGATIONS
The User agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application for Membership in order to use the Service. The User will ensure that the data shared with Gharbari.com.np doesn't contain any fraudulent, false, misleading or manipulated facts.
The User agrees to have / have acquired all the necessary rights and authorizations before posting any information on the Site including but not limited to listing information, property descriptions, photographs, maps, layouts, contact information etc.
In case a User is covered under the terms, it shall ensure all necessary compliance necessary, including but not limited to obtaining the necessary registrations etc.
The Site may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time.
The User is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
The User is solely responsible for the maintenance of confidentiality of the login information.
This would include the User's password and Username and all activities and transmission performed by the User at Gharbari.com.np.
The User will immediately notify the Company of any unauthorized use of the User's account or any other breach of security known to the User.
The User will pay promptly the Subscription Fees as required by the Company from time to time.
The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
In case you chose to discontinue your association with us, you can unsubscribe / remove your account by completing the delisting procedure using the Remove Account link available in your folder.
PROPRIETARY RIGHTS IN CONTENT ON GHARBARI.COM.NP
Gharbari.com.np owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of Gharbari.com.np. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks, registered marks ("Marks") appearing in Gharbari.com.np are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of Nepal.
PAYMENT AND REFUND POLICY
Payment for memberships:
All payments for services at Gharbari.com.np have to be made in favour of "Weblink .IN Pvt. Ltd." only. All payments need to be made on 100% advance basis to continue to use uninterrupted Paid Services.
We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal Paypal Accounts for any services rendered by Gharbari.com.np. You are informed that under no circumstances will Gharbari.com.np be liable for any damage caused due to your transactions / payments made to / in favour of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.
The User, who is liable to pay Subscription Fees, shall pay it on demand even if the User disputes the same for any reason. In the event that the Company deciding the dispute to be in the User's favor, the Company shall refund to the User any excess amount paid by the Member free of interest. In the event of late payment by the User of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. Gharbari.com.np neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.
Refund on the basis of fraudulent transactions
The User is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Gharbari.com.np assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
Refund on the basis of change in preference / delay in process
As we at Gharbari.com.np keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.
PROHIBITED USE
The User shall not put to use the Services offered by the Site in any manner that impairs the interests and functioning of the Site and which is non-compliant with laws and regulations.
The User will not allow any person other than the authorized person(s) named in the application form to use the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User will comply with all applicable laws and shall not contravene any applicable law of Nepal relating to the Services, including any regulation made pursuant thereto.
The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
The User shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
The User shall be prohibited in persistently sending messages or make postings on Gharbari.com.np to any other User or third party who access Gharbari.com.np without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
The User is prohibited to introduce, upload, post, distribute, publish or transmit any information or software that:
Contains a virus, worm or other harmful component into the Internet or Gharbari.com.np network system.
Breaches on any intellectual property rights of any person or retain information in any computer system or otherwise with such intention.
Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
Is meant to mislead or deceive the other Users
Infringes any trademark, patent or copyright rights
In the event of a violation of any of the above mentioned covenants by the User, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity, which leads to the said violations, and in the event the User continues with such activity, the Company has the sole authority to terminate or suspend the membership at Gharbari.com.np and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the User.
COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Gharbari.com.np service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Gharbari.com.np's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.
CONFIDENTIALITY
As Gharbari.com.np is an online platform so it cannot guarantee confidentiality of information provided by Users who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of Gharbari.com.np.
The User is entitled access to his own data and information stored in the database at Gharbari.com.np (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
The Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) to anyone resulting in unsolicited messages from third parties then such interaction is beyond the control and liability of Gharbari.com.np.
Gharbari.com.np is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.
The copyright, know how or any other related intellectual property to the Service or Gharbari.com.np shall be the sole and exclusive property of the Company. In the event the User has contributed any content to Gharbari.com.np in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.
PRIVACY POLICY
The information provided by the user of Gharbari.com.np shall be in accordance to the respective laws. The information/data provided by the user may be used by all divisions/sister concerns/ventures of the Gharbari.com.np to carry out the purpose of the project, whereas in no case it shall be communicated/ transformed/spread to any company/third party or whatsoever for any other commercial usage without the consent of the user.
Updating/modification/deletion of user's data/ information shall be done on the written request of the user himself or his representative or his authorized person only.
By using this Site, the Users understand that all the information provided by you including and not limited to the company's information, property listing details are being submitted in the Site and by registering on this Site, you agree that the information posted by you is a public document that can be accessed by other Users of the Site. You agree and consent that Gharbari.com.np can use all the information provided by you to help you in the pursuit for find a buyer / seller by either forwarding the requirements to registered Users or by showcasing your property listing on the Site's search displays for the candidates (Visitors / Users) to see and contact.
Gharbari.com.np is committed to respecting the online privacy of its Users and doesn't intend to sell, rent or share the Personal Information of Users to Third Party. The Site shall not transfer any such information unless it is legally required or to provide services to support your search for candidates. You agree to not hold Gharbari.com.np liable for any breach in privacy due to technical or any other means.
Gharbari.com.np strives to provide a safe, secure User experience. The Site is committed to protect your Privacy but cannot guarantee / promise the same and you understand and agree that you assume all responsibility and risk for your use of the Site.
Being an Intermediary, the role of the Site is limited to providing a platform for the Users to interact and we have no control over the data usage practiced by the Users who use the services of the Site.
By using the Services of the Site you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the Services offered by the Site and consent that Gharbari.com.np can contact your for offers, updates, service-related information, send newsletters, for feedback, surveys, promotions, contests etc.
The pages on the Site utilize "cookies" and other tracking technologies mainly to improve the User experience on our Site and analysis of traffic is undertaken to reveal the trends and statistics.
Gharbari.com.np advises its User to exercise complete caution while completing online transactions and it is the sole responsibility of the User to verify and validate the information present on the site as well as the people whom they choose to interact with. Gharbari.com.np shall not be responsible for any loss / damage due to negligence of the User. You have sole authority to access and update all the information posted by you on the Site and it is your responsibility to keep the same updated. It is strictly advised that Users respect the Privacy of other Users as well as keep their profiles updated. Access to services of the Site including updation / deletion of profile may be restricted / denied if it comes to the notice of Gharbari.com.np that this would violate anybody else's rights or if so requested by a legal entity.
LIMITATION OF LIABILITY
Gharbari.com.np only offers a platform to showcase the openings and the resumes and has no role in any transaction or communications and hence shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, Gharbari.com.np, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Gharbari.com.np, for the Service during the term of membership.
Gharbari.com.np being a public site with free access assumes no liability for the quality and genuineness of responses. Gharbari.com.np cannot monitor the responses received by any User in response to the information posted by them and so displayed on the site. User should conduct its own background checks on the bonafide nature of all response(s). Gharbari.com.np will not be liable for any inaccuracy of information on this website.
Gharbari.com.np expressly disclaims any liability arising due to presence of any fraudulent information published on the site.
The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company. The User would do so solely at his / her own risk and Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute.
That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.
The User hereby agrees to take full responsibility to research well before making using of any information on the Site. Gharbari.com.np shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. Notwithstanding anything to the contrary contained herein, Gharbari.com.np, liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Gharbari.com.np, for the Service during the term of membership.
That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.
REFUND PROPERTY LEADS
Request for refund of Buy leads on account of non-contactable contact details need to be brought in notice within 5 days of purchase, failing which the request would not be entertained.
No refund requests owing to cancelled or fulfilled leads would be entertained as these are beyond the scope of the Site since we have no role in monitoring the deal finalization, transactions or preferences of the Users.
WEBSITE DESIGNING SERVICES:-
Website designing service is one of the deliverables with some of the Paid Services and the Site reserves the sole rights on its technical maintenance. Each User hereby agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise due to interruptions because of Third Party Services, technical errors while uploading or after hosting of website.
As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
The Users hereby agree to extend full cooperation in assimilation of the information required for site development and approve of correspondence by phone/mail. Reminder mails would be sent if the Users do not respond to calls/mails and/or do not provide the details/material requested and/or do not provide necessary approvals/feedbacks on progress of website/incomplete material/ incomplete images/layout/ hosting of website etc. The website designing service would be terminated / lead as per the company policy if no revert is received from the User after the 2nd reminder mail. Re activation of website designing services / request for modification would be only on paid basis.
On completion of the website development, the temporary link would be sent to the Users and modifications would be entertained only if the same are sent within the next 5 days. On lapse of the 5 days, if no feedback is received, it would be deemed as consent for hosting the site on the domain.
All changes, after website hosting would be undertaken on paid basis.
Any exception / flexibility in the above circumstances would be at the sole discretion of the Site and would require a written request from the User.
DISCLAIMER
The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
The User shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.
The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services of Gharbari.com.np.
The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident that has resulted in the relevant claim.
The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
The Company neither guarantees nor offers any warranty about the credentials, status or authenticity of the buyer/seller/real estate agent / builder etc. contacting the Users post download of the resume or by access to the information/data posted by the Users.
The Company does not warrant that Gharbari.com.np or any of the web sites linked to Gharbari.com.np be free of any operational errors or that it will be free of any virus, worm, or other harmful component.
The User acknowledges that it is not the Company's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through Gharbari.com.np. The Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Company, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party's rights or any other rules, standards or codes of practices that may be applicable to the posting or Gharbari.com.np or the internet. It is the sole prerogative and responsibility of the User to check the authenticity of all or any response/ inquiry received or information displayed. Gharbari.com.np is a public site with free access and assumes no liability for the quality and genuineness of responses.
Gharbari.com.np neither guarantees nor offers any warranty about the credentials of the contacted parties including prospective buyer / seller / builder / real estate agent / User and it is for the users to test, analyse and verify the same at their own end.
The data fed by the User can be updated by the User alone and is solely their liability so Gharbari.com.np is not responsible for the updated status of the information.
The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
The Site is controlled and operated from Nepal and the Site makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Site from outside Nepal, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treats.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. The Site does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter; Users dealing in such projects shall be doing so entirely at their risk and responsibility.
USE OF DATA
The User hereby agrees and irrevocably authorizes the Company to:
Use any data and information supplied by the User in connection with this Agreement for the Company's own purpose, to the company supplying such data and information to any other associated companies or selected third parties including search engines.
Use any data furnished by the User in order to float offers or send mails regarding specific services and such mails may not been proclaimed or deemed to be unsolicited communique.
Allow all data and information supplied by the User in using the Service to remain at Gharbari.com.np for the use of the Company in accordance with service agreement with the User, notwithstanding the termination or suspension of the Service to the User herein. Unless the User informs the Company to delete all such data and information following the termination or suspension of the Service to the User, such data and information remain in the Company's property, records and databases.
INDEMNITY
You agree to indemnify and hold Gharbari.com.np, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
VARIATION
The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the User.
The Terms and Conditions of this agreement will be updated from time to time and posted at Gharbari.com.np. The User should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
USER DISPUTES
The Users are solely responsible for your interactions at Gharbari.com.np and Gharbari.com.np reserves the right, but has no obligation, to monitor disputes between Members.
Gharbari.com.np will not be party to any legal proceedings between User and any other registered or free User for any transactions through the Site. Gharbari.com.np will always abide by governing / legal authorities order and cooperate fully through the process, but the costs of the same shall be recovered from the party that has implicated Gharbari.com.np in such case.
MATTER OF DISPUTES AND JURISDICTIONAL ASPECTS
For any kind of legal dispute related to Gharbari.com.np would be dealt in only territory of Kathmandu. All the legal issues are subjected only to pertinent contemporary's laws in force at Kathmandu to the jurisdiction of courts located in Kathmandu only.
GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or matter arising from incidental use Gharbari.com.np is governed by the laws of Nepal and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Kathmandu, Nepal. This Agreement, accepted upon use of the Site and further affirmed by becoming a User of the Gharbari.com.np, contains the entire agreement between you and Gharbari.com.np regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.